Bill Information / Legislative Tracking   2008

 

Industry Specific Arizona Issues
(current list)

• H2695: Spiritous Liquor; Minors; Unlicensed Gatherings
• Position:  Moving
• Description / Implication: It is a class 1 misdemeanor (highest) for a holder of a retail spirituous liquor licensee or its employees to sell spirituous liquor to a person knowing that person intends to furnish the liquor to a person who in under 21 years old or to permit the use of unlicensed premises for a gathering or an event at which the person knows spirituous liquor may be sold, furnished or given to persons under 21 years old. It is a class -6 felony (lowest) for a person to operate a gathering or event that is conducted as a business with an admission fee, membership fee or similar fee if spirituous liquor is provided to a person under 21 years old at the direction of the operator of the gathering or event.

• H2388: Liquor Producers; Wholesalers; Electronic Devices
• Position:  AFMA Supports
• Description / Implication: The prohibition against commercial coercion or bribery in regards to spirituous liquor does not prohibit a producer or wholesaler from giving license free electronic devices designed to record identification information for the purpose of preventing persons under 21 years old from purchasing alcohol.

• H2317: Luxury Tax; Tobacco Tax Stamps
• Position:  AFMA Supports
• Description / Implication: During tobacco tax stamp compliance inspections, individual cigarette packages that appear not to have proper tax stamps are considered properly stamped packages if they are part of the same pallet or master carton as properly stamped cigarette packages and if the cigarette distributor or retailer has substantially complied with other tobacco tax laws. Effective on the date the Department of Revenue notifies the Legislature that tobacco tax stamps are available to registered wholesalers.

• H2363: Weights and Measures; Biofuel Rules
• Position:  AFMA Supports
• Description / Implication: The Director of the Department of Weights & Measures shall adopt rules relating to biofuels. A retail seller of the ethanol blend E85 is not liable if a consumer misfuels and places ethanol E85 blend in a non-flexible fuel vehicle.

General Business Issues
(current list)

• S1374: Employee Sanctions
• Position:  AFMA will monitor
• Description / Implication: Makes several changes to the employer sanctions law, including the definition of “take the identity of another person” to include knowingly possessing or using identification with the intent to obtain or continue employment, making it a class 4 felony (midlevel) to knowingly accept the identity of another and subjecting independent contractors to the employer sanctions law as employers. Much more.

• H2745: Employer Sanction Amendments
• Position:  Active
• Description / Implication: The definition of the crimes of taking or trafficking in the identity of another person is expanded to include instances when the taking or trafficking is used with the intent to obtain or continue employment. Clarifies that when an employer hires an independent contractor, it is the contractor that is liable under the employer sanctions law and not the person or entity that hires the contractor, Criteria are prescribed to determine independent contractor status. However, an employer violates the law if the employer hires a contractor or subcontractor who is an alien and whom the employer knows to be an illegal alien. A complaint alleging violation of the law does not need to carry the complaintant’s social security number or be notarized. Complaints must be submitted in the county in which the alleged violation occurred. If an investigation results in a suspension of business licenses, only the licenses specific to the business location where the violation occurred are suspended (language provision that employers are considered to have complied with requirements of the law if there is “good faith” attempts to comply, despite “isolated, sporadic or accidental technical or procedural non-compliance.” Adds requirements that employers must comply with all laws regarding income tax withholding, payment of unemployment insurance and workers’ comp premiums. Adds prohibition against any state agency from granting a license to a person who is not legally present in this country. Severability clause.

Food Industry Political Action Committee

The Food Industry Political Action Committee (FIPAC) is a non-partisan, non-profit organization designed to promote the political interests of those organizations that are connected with the retail food industry in Arizona. FIPAC collects voluntary, personal contributions from people who are employed by companies that are a part of Arizona's retail food industry. The funds that are collected are then used to help elect candidates to the Arizona state legislature who understand the needs of our industry.

For more information or to print out the form required with your contribution, please click here

Important Links:

Arizona Legislative Information Services (ALIS)
Arizona Department of Weights & Measures (W&M)
Arizona Department of Environmental Quality (ADEQ)
Arizona Department of Homeland Security (AZDOHS)
Arizona Business Council for Alcohol Education (BCAE)
Arizona Department of Health Services (AZDHS)

The Law Offices of John K. Mangum provide government relations support as well as legislative and regulatory representation for the Arizona Food Marketing Alliance.

Law Offices of John K. Mangum, P.C.